Community Land Act 1975

JurisdictionUK Non-devolved
Citation1975 c. 77


Community Land Act 1975

1975 CHAPTER 77

An Act to enable local authorities and certain other authorities to acquire, manage and deal with land suitable for development, and to make other provision for and in connection with the public ownership of land; to amend planning law and the rules for assessing the value of land for compulsory acquisition and other cases where compensation is payable; to make provision concerning unoccupied office premises; and to establish a Land Authority for Wales.

[12 November 1975]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Preliminary

Part I

Preliminary

Authorities for purposes of the Act

Authorities for purposes of the Act

S-1 Authorities.

1 Authorities.

(1) In this Act, unless the context otherwise requires, ‘authority’—

(a ) in relation to England means a local authority or a new town authority, or the Peak Park Joint Planning Board or the Lake District Special Planning Board,

(b ) in relation to Scotland means a local authority or a new town authority,

(c ) in relation to Wales means the Land Authority for Wales established under Part II of this Act or a new town authority.

(2) For the purposes of this Act—

(a ) the area of a new town authority is the area for the time being designated under section 1 of the New Towns Act 1965 , or under section 1 of the New Towns (Scotland) Act 1968 , as the site of the proposed new town;

(b ) the area of the Land Authority for Wales is the whole of Wales;

(c ) the area of the Peak Park Joint Planning Board and the area of the Lake District Special Planning Board is, in each case, the area of the National Park for which the Board is responsible.

(3) In this Act, in relation to any land, ‘authority’ means the authorities whose areas include the land.

S-2 Joint boards.

2 Joint boards.

(1) If it appears to the Secretary of State expedient that a joint board should be established as an authority for all or any of the purposes of Part III, Part V or Part VI of this Act in the areas of two or more authorities, or in any parts of those areas, he may after consulting those authorities by order—

(a ) constitute those areas or parts as a district for the purposes specified in the order, and

(b ) constitute a joint board as the authority to act in that district for those purposes instead of any other authority, or instead of such other authorities as are specified in the order.

(2) The Secretary of State shall not make the order except after holding a public local inquiry unless all the authorities concerned have consented to the making of the order; and an order made after such an inquiry has been held shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The joint board shall be a body corporate consisting of such number of members as may be determined by the order, to be appointed by the constituent authorities.

(4) The order constituting the joint board, and any order amending or revoking an order under this section may, without prejudice to the provisions of section 241 of the Local Government Act 1972 (which authorises the application of the provisions of that Act to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent authorities.

(5) An order under this section may make such incidental, consequential, transitional or supplementary provision as appears to the Secretary of State to be necessary or expedient and, in particular—

(a ) may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and apportionment of liabilities,

(b ) may adapt or modify any of the provisions of this Act or of any other enactment concerning the acquisition of land.

(6) This section shall not apply in Wales.

(7) An order under this section shall not come into force before the expiration of a period of one month beginning with the passing of this Act.

Interpretation

Interpretation

S-3 Development land and relevant development.

3 Development land and relevant development.

(1) In this Act ‘development land’ means land which, in the opinion of the authority concerned, is needed for relevant development within ten years from the time at which they are acting.

(2) In this Act ‘relevant development’ means any development except—

(a ) development of any class specified in Schedule 1 to this Act,

(b ) development consisting exclusively of the building of a single dwelling-house, and

(c ) development of such class or classes as may be prescribed by the Secretary of State by regulations.

(3) The reference in subsection (2) above to the building of a single dwelling-house includes a reference to the construction or laying out of any garage, outhouse, garden, yard, court, fore-court, or other appurtenance for occupation with, and for the purposes of, a single dwelling-house.

(4) Regulations under this section shall not be made unless a draft of the regulations has been approved by a resolution of each House of Parliament.

S-4 Outstanding material interests.

4 Outstanding material interests.

(1) A material interest in land shall be treated as outstanding for the purposes of this Act unless—

(a ) it is owned by an authority, a local or new town authority, a parish or community council or, in Scotland, the council of a district within the area of a general planning authority, or

(b ) during the whole of the period beginning with 12th September 1974 and ending with the relevant time, it has been owned by a charity (but not necessarily the same charity throughout), or

(c ) it is of a description specified in an order made under this subsection by the Secretary of State.

(2) For the purposes of subsection (1) above, a material interest in land shall be treated as owned by any person mentioned in that subsection at any time if, at that time, that person—

(a ) has or had entered into a binding contract for its acquisition, or

(b ) subject only to completion of the administration of a deceased person's estate, is or was entitled to it under the terms of the deceased person's will.

(3) An order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

S-5 Statutory undertakers.

5 Statutory undertakers.

(1) In this Act, unless the context otherwise requires, ‘statutory undertakers’ means—

(a ) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water,

(b ) the British Airports Authority, the Civil Aviation Authority, the National Coal Board, the Post Office and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of the Act of 1971 or of the Scottish Act of 1972, and

(c ) any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph,

and ‘statutory undertaking’ shall be construed accordingly.

(2) In this Act ‘operational land’ means, in relation to statutory undertakers—

(a ) land which is used for the purpose of carrying on their undertaking, and

(b ) land in which an interest is held for that purpose,

not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

(3) In relation to any statutory undertakers specified in an order made under this subsection by the Secretary of State and the appropriate Minister acting jointly, subsection (2) above shall not apply and in this Act ‘operational land’ shall have the meaning given by the order as respects those undertakers.

(4) In this Act the expression ‘the appropriate Minister’, and any reference to the Secretary of State and the appropriate Minister—

(a ) in relation to any statutory undertakers who are also statutory undertakers for the purposes of any provision of Part XI of the Act of 1971 or Part XI of the Scottish Act of 1972, shall have the same meanings as in the said Part XI, and

(b ) in relation to any other statutory undertakers, shall have the meanings given by an order made by the Secretary of State under this subsection.

(5) If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury; and if any question so arises whether any land is operational land of statutory undertakers, or would be such land if it were used or held by statutory undertakers for the purposes covered by planning permission, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.

(6) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

S-6 Other interpretation.

6 Other interpretation.

(1) In this Act, unless the context otherwise requires—

the ‘Acquisition of Land Acts’ means the Acquisition of Land (Authorisation Procedure) Act 1946 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 , and ‘the Act of 1946’ and ‘the...

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